CHARLESTON, W.Va. — The 4th Circuit Court of Appeals is expected to make a decision soon on whether former Massey Energy CEO Don Blankenship can stay out on prison on bond while his federal criminal conviction is appealed.
Blankenship was sentenced to one year in prison earlier this month after last year’s conviction on one count of conspiracy to break federal mine safety laws in connection with the operation of the Upper Big Branch mine where a April 2010 explosion killed 29 miners.
Blankenship has been ordered to self-report to federal prison May 12.
The 4th Circuit has received extensive legal briefs from both Blankenship’s attorneys and federal prosecutors on the question of bond. MetroNews Legal Analyst Tom Peyton doesn’t believe it will take the panel long to decide.
“I expect with the length of these briefs—the 4th Circuit has clerks and staff that can handle this kind of issue rather quickly–I expect we’ll get a ruling from the 4th Circuit probably in the next few days,” Peyton said.
U.S. District Judge Irene Berger denied post-conviction bond but the 4th Circuit may overturn that decision, Peyton said.
“He’s got substantial question of law or fact. I think you would have to agree with that from a legal standpoint. It doesn’t mean he’s going to win his appeal,” Peyton said. “My prediction is they will probably grant him bond.”
With the first briefs in the full appeal due to the Court May 31, Peyton believes the 4th Circuit will make a ruling on the full appeal sometime this fall, which could mean Blankenship has a better chance of staying out of prison during the appeal.
Blankenship’s attorneys have pointed to several rulings made by U.S. District Judge Irene Berger during the trial that should be reviewed while federal prosecutors are leaning heavily on the conviction in their brief, Peyton said.
“A large part of their brief is reciting the evidence they produced obviously in an effort to persuade the 4th Circuit Court of Appeals that there is more than enough evidence, even if there was some minor legal errors, to uphold the conviction,” Peyton said.